Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

On August 28, 2014, the Defendant was sentenced to eight months of imprisonment for occupational breach of trust and fraud, which became final and conclusive on November 6, 2014 at Suwon District Court, and on August 13, 2015, the Defendant was sentenced to four months of imprisonment for embezzlement and became final and conclusive on October 23, 2015.

On November 3, 2013, the Defendant agreed, “A cargo vehicle owned by the victim B shall not be provided as a collateral or set up a collateral security without the victim’s consent,” preparing a consignment management contract with respect to the C cargo vehicle owned by the victim B at Echeon-si.

Therefore, without the consent of the victim, the defendant should not provide the above vehicle as a collateral or set up a collateral mortgage, and there was an occupational duty to assist the victim in managing and operating the above vehicle.

Nevertheless, on January 2, 2014, the Defendant borrowed KRW 15 million from the Hanwon Shipping Co., Ltd., Ltd., in violation of the above occupational duties, and entered into a mortgage contract to provide the damaged party with a 14 tons special portrait truck as security, and on the same day, set up a mortgage in the name of Hanwon Port Co., Ltd. with the maximum amount of KRW 22,500,000 in the car registration ledger.

Accordingly, the defendant acquired property benefits of KRW 15 million and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. B’s petition;

1. Original Register of Automobile Registration (C);

1. Previous convictions: Inquiry of criminal history, reporting on the results of confirmation of the previous convictions and previous convictions, reporting on investigation (Attachment of related cases), text of judgment, and application of reference materials under statutes;

1. Article 356 of the Criminal Act applicable to the facts constituting an offense and Articles 355 (2) of the Criminal Act that choose a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is the crime committed by the Defendant during the period of repeated crime (the selection of a fine and the aggravation of repeated crime).